Florida Child Injury Lawyer Blog

Some creative and inventive attorneys and law professors have filed lawsuits against McDonald's and other businesses for allegedly causing a client to become obese and have health related problems.

These lawsuits have been filed in Chicago and other cities in the United States. The Florida legislative passed a statute that purports to prevent these kind of lawsuits in the State of Florida. Section 768.37, Florida Statutes states as follows:

768.37 Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages.--No manufacturer, distributor, or seller of foods or nonalcoholic beverages intended for human consumption shall be subject to civil liability for personal injury or wrongful death to the extent such liability is premised upon a person's weight gain or obesity, or a health condition related to weight gain or obesity, resulting from the person's long-term consumption of such foods or nonalcoholic beverages. For purposes of this section, the term "long-term" means the cumulative effect of multiple instances over a period of time and not the effect of a single or isolated instance. Such limitation on civil liability shall not bar a claim for damages if otherwise available under any other provision of law against a manufacturer, distributor, or seller of foods or nonalcoholic beverages if such manufacturer, distributor, or seller has failed to provide nutritional content information as required by any applicable state or federal statute or regulation, or has provided materially false or misleading information to the public.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Medical Care & Health Issues

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Florida schools do not permit children to bring weapons into to the school. Some children bring in home prepared meals and from time to time bring knives in to cut their food - - bad idea.

An innocent thing like bringing in a kitchen utensil can get the student suspended, expelled, and yes arrested. In Ocala, Florida, a 10 year old girl faces felony charges after she brought in a kitchen knife to cut up her lunch. Teachers confiscated the knife and called the police. The student was taken to the Juvenile Detention Center. The student's unclce made this statement, "We do understand there needs to be measures taken to make sure people don't come to school with weapons in light of what has happened at schools over the past years, he said. "But she's a really good kid. She was crying her eyes out."

It appears that schools will not distinguish between a tool and a weapon. If the student used the knife, another student could have grabbed the knife and harmed someone. Do not send your child to school with a knife.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Education , School Safety

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As a child, I loved recess and some of the classic games played at recess which included tag, Red Rover, King of the Mountain, and the Merry Go Round. Unfortunately, bigger and rough kids often times make these innocent games too rough to continue.

Rough play can turn the school yard into a serious personal injury zone to Florida children.

Equipment such as swings, teeter tooters, and Merry Go Rounds have been removed from some playgrounds due to safety concerns. Games like tag and Red Rover have been discontinued since smaller children have been seriously injured by bigger children. The Dallas Morning News newspaper published an interesting article on this topic which can be viewed by clicking here.

Supervision is still key to playground safety. Kids will still be kids during recess. If you do not supervise them, trouble will happen. It is far easier to remove the Merry Go Round from the playground than the troublemaker and the bully.

If you feel that there are safety issues at school or a playground, contact the school administration, the local school board like the Duval County School Board or the St. Johns County School Board, and / or a Jacksonville Florida Personal Injury Lawyer.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Education , Playground & Recreation Injuries , School Safety , Sport Related Injuries

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Robert Blake, an actor who is best known as Baretta, was sued by the family of the mother of his child. The family obtained a judgment of $30 Million which was ultimately reduced to $15 million.

That sound like a lot of money. Unfortunately for the family of Bonny Lee Bakley, Mr. Blake filed for bankruptcy. As such, it is uncertain if the family will collect anything through this lawsuit. Mr. Blake's attorney claims that the actor has not assets since Mr. Blake has not paid his own attorney fees. The Blake case illustrates that headlines and judgments can be misleading. It is nice to get such a large verdict; however, it will not do the family of Bonny Lee Bakely much good. It is important in civil cases (especially wrongful death cases) to have the advice of a lawyer who can guide you through the process. Can the judgment be collected? Is there insurance that will cover all or a portion of the judgment? These are very important issues to address at the beginning of the case to determine if it is practical to pursue such a case. The attorney representing the Bakley family may have taken the case all the way through trial for the publicity. You can read more about this interesting case at
$30 million wrongful-death judgment against Robert Blake Cut.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Wrongful Death

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In Florida, a person is civilly liable for damages caused his or her dog.

In addition to civil damages, the dog owner may be prosecuted criminally for a dog bite as well. If the dog previously was declared dangerous and the dog attacks again without provocation, Florida Statutes provide that the dog owner is guilty of a misdemeanor of the first degree. Dogs should be properly fenced or leashed to prevent dog bites. You can read more about the Florida Statutes involving this crime at Section 767.13 at the Official Florida Statute / Florida Leglislature Web Site.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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An 18 year old man (Bruce Roberts) was recently arrested for attempting to molest a 15 year old at the South Mandarin Jacksonville Florida Public Library. The incident took place in the men's bathroom at the library. Roberts tried to molest the teen in the bathroom. The teen pushed Roberts away and promptly told his mother. Library staff members reported the tag member for a BMW that had dropped Roberts off at the library. The Jacksonville Times Union newspaper reported that Roberts may be mentally challenged. The South Mandarin Library is located in Mandarin which is a suburban area with some commerce down San Jose Boulevard located in South Jacksonville / South Duval County Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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DNA testing begins for Polygamy Sect Members in Texas.

Officials are having problems sorting out family relationships within the sect. Names have been changed and sect members have not been very cooperative with the investigation. As such, Officials will attempt to use DNA testing to re-create and identify family trees. Sect members are suspected of allowing and encouraging underage marriages and sexual relationships. You can read more about the status of the case involving the Yearning for Zion Sect at DNA Tests Begin in Polygamy Case.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Sexual Offenders / Predators , Violent Crimes

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A girl left permanently disabled because of a negligent child abuse investigation by the State of Florida Department of Children and Families will get less than the jury verdict that awarded her $26 million.

In Florida, there is a statute that limits a recovery against the State of Florida to $100,000 unless there is a claims bill that approves a higher award. Marissa Amora, now 9, would get only $1.2 million this year under a bill that was approved by a House panel Monday. Marissa's compensation will be evaluated annually by the legislature to determine future installments. You can read more about this story atDisabled Girl Would Get $1.2 Million from the State of Florida.

There are special laws and rules for filing claims and lawsuits against the State of Florida and other governmental entities. For cases of this nature, it is helpful to have a trained and experienced Jacksonville Florida Personal Injury Attorney to help the family through the legal obstacles and challenges along the way.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children

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A Nassau County crash landed two people in the hospital at Shands Jacksonville Hospital.

The injuries were so serious that both George H. Wright of Jacksonville and Nalini Kusek of Callahan were life flighted to Shands Jacksonville Hospital in Jacksonville Florida. Wright was driving a 1999 Dodge Pick Up truck that cross over the center line while traveling on Lem Turner Road. The Florida Highway Patrol responded to the scene and reported that alcohol may have played a role in the accident.

Accidents like these raise issues involving both criminal law (a possible DUI - Driving Under the Influence) and personal injury law. People often lose sight that vehicles are dangerous instruments (even as defined by Florida law).

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Traffic Citations , Trucking Accidents

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Florida schools and Florida children have problems with bullying.

Even one incident of bullying can scar a child for life and cause serious personal injury to the child victim. In Texas, the legislature passed a statute that defines and sets procedures within the local school systems for dealing with bullying. Laws like these can be helpful but it is virtually impossible to deal with and reduce the incidents of bullying without parental involvement. You can read more about bullying in Texas and the laws that were passed on deal with bullying at Schools Guard Against Bullying but Parents Say More Must Be Done.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , Violent Crimes

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A recent news story showed the dangers of text messaging. You never know who you are texting.

Florida teens and parents alike are becoming text message addicts and demons. This apparently harmless activity can turn into trouble for teens as well as parents. In Concord New Hampshire, a student thought he was texting his friend about getting a "bag" or marijuana. In fact, the student was texting the principal who had confiscated the phone from the friend. The principal must have been fairly good at text messaging since the text message session went on for some time until the student agreed to meet the principal near the school for the drug deal. Police will use the text message as evidence for the criminal case. Whether you are using text messaging or e mails, be careful as to what you write and who you write to. Your next text message may be read by a curious parent, spouse, principal, police, or someone else that may cause you some problems. You can read more about the drug deal gone bad for the student at Principal Uses Cell Phone To Lure Drug Suspect To Arrest.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Internet, E-Mail, Text Messaging

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Three separate accidents in Duval County, Putnam County, and St. Johns County Florida lead to multiple deaths and serious injuries.

It was a deadly morning on the roads of Northeast Florida as five people died in three separate traffic accidents between midnight and 3:35 a.m. Friday.

In addition to the deaths, six people were hospitalized with serious injuries as a result of one of the accidents, said Lt. Bill Leeper, spokesman for the Florida Highway Patrol.

In Putnam County, 20 year old Anthony McCaskill of Palatka Florida lost control of a 2004 Cadillac. The three occupants of the vehicle (Anthony McCaskill, Debry Coring, and Lamieh Thomas) all lost their lives. None of the occupants were wearing a seat belt. The parents of all the children will be entitled to some insurance and death benefits depending on the available insurance policies and coverages.

More teens died in an automobile accident in Duval County on Interstate 295.

A Saturn driven by 31-year-old Angela Harper of Middleburg went out of control while traveling at a high rate of speed. Jesse Harper, 13, of Middleburg was ejected and died at the scene. Five occupants were taken to Shands with serious injuries. These included Angela Harper, Steven Foster, Michelle Hansen, Kallie Hansen, and Gerald Gribbs. One passenger, Kayla Thompson, 16, of Orange Park, was taken to Baptist Medical Center South. Alcohol is believed to be a factor in this accident.

Another death took place in St. Johns County Florida. A Jacksonville woman was driving south at a high rate of speed on Florida 13 near Switzerland which is located in the Northwest part of St. Johns County. The vehicle went off the road and then hit two trees.

A common thread in these three accidents were high rate of speed and loss of control. Many of the occupants were not wearing a seat belt. While wearing a seat belt is important and the law for front seat occupants, the failure to wear a seat belt is only factor in evaluating a case or claim of this nature.

For more information about these crashes, you can go to the Jacksonville Florida Times Union article at Deadly Crash on First Coast Florida Roads - 5 Dead.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Automobile Accidents , Automobile Insurance , Traffic Citations , Traffic Citations , Wrongful Death

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Two Southwest Florida children under the page of 5 recently drowned and several other children experienced a close drowning situation. The State Florida holds the unfortunate title of number one state of drownings as compared with other states. According to the Center for Disease Control ( CDC ), drowning is the number one cause of death among Florida children aged 1 to 4 years old.

The Center for Disease Control identified swimming pools as the leading location for drownings of pre-school aged children. Fencing, alarms, swimming lessons, and most importantly close adult supervision can save lives and prevent injury to children. The following tips were reported in the Naples Florida - Naples Daily News:

• Designate an adult to supervise the children. Make sure that the adult is not engaged in any other distracting activities;

• Encourage children to swim with someone else;

• Learn CPR. It takes time for paramedics to show up;

• Inflatable toys are not substitute for a proper fitting life jacket; and

• Install a four feet fence around the pool (It's the law).

Swimming pools and oceans are places where fun takes place. Unfortunately, they are also the site of many tragedies. Parents, caregivers, and lifeguards should do everything possible to supervise their children.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Swimming Pool & Aquatic Injuries

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A 17 year old boy ( Mark Bowman, Jr.) was critically injury when he was hit by a car while riding his bicycle late Saturday Night. Mark was riding his bicycle without a helmet or lights. The driver later told Florida Highway Patrol officers that the driver did not see Mark or 11 year old Cody Bowman who received minor injuries. Both children were treated at Halifax Medical Center.

It is expected that Florida Highway Patrol will conduct a more thorough investigation especially if there is a serious injury or death. An accident reconstruction may be helpful in determining the point of the crash, speed of the vehicle, and other factors to piece together the accident.

Florida law requires all children under 16 years old to wear a helmet. It is uncertain whether a helmet would have made any difference as to the severity of the injuries based on the limited information provided by initial news reports. You read about this incident at Teen Critical After Bike / Car Accident in Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety

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Last week, a Jacksonville, Florida 3 year old child was in critical condition following a car accident on I-95.

Channel 4 and the Florida Highway Patrol reported that the child was not properly restrained and was ejected as a result of the accident. The front and back end of the mother's car were demolished as a result of the accident. The mother rearended a van. In Florida, the driver of the rear ending vehicle is presumed to be at fault unless there are circumstances that excuse such conduct. Generally, a person should keep one car length per 10 miles per hour behind another vehicle. In busy traffic in Jacksonville, this would be difficult to accomplish; nevertheless, drivers should endeavor to keep a safe distance from the vehicle in front to give enough time and distance to come to a stop if necessary. You can read more about this story at 3 Year Old Critically Hurt in Wreck on I-95 in Jacksonville Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Traffic Citations

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A 4 year old child was beaten by a man after the child spilled some milk.

The Florida child suffered injuries to his leg and was taken to University Community Hospital. The suspect initially stated that the child may have fallen in the bathroom. The suspect later admitted that he kicked or stepped on the child's leg with his steel toed boots. You can read more about this story at Kid Beaten Over Spilled Milk.

In Florida, you need to take a test to get a driver's license. There is no such test to be a parent or to have a child. Parents should take notice of incidents like this. There is no reason to beat a child. Spilled milk and most of life's other problems are minor inconveniences rather than "real life" problems.

Children will make messes. Adults do at times as well. While spilled milk is not important, protecting our children is.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes

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Bad mothers sometimes pick worse boyfriends. In York, Pa., a 2-year-old died after mom's boyfriend beat her with game controller.

The boyfriend had a history of abusing the child. On the day of the incident, the mother actually heard the boyfriend beating the child. The mother later called 911 to get assistance for her 2 year old. The mother did nothing until she realized that her daughter was unconscious. The girl was pronounced dead at the Hershey Medical Center. Both the mother and boyfriend were arrested. You can read more about this sad and tragic story at 2 Year Old Died After Being Beating with a Video Game Controller.

Many parents tend to be selfish. A violent and abusive boyfriend and girlfriend should be dumped. Find someone else. Act in the best interest of the child - not your best interest.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Violent Crimes , Wrongful Death

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